IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120000768 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covering the period 27 September 1969 through 26 September 1972 to reflect in:

	a.  item 30 (Remarks) that he served in the Republic of Vietnam (RVN) from 6 June 1969 through 24 November 1970 instead of from 27 September 1969 through 24 November 1970.

	b.  item 22c (Foreign and/or Sea Service) that he served in the RVN for a total of 1 year, 5 months, and 19 days instead of 1 year, 1 month, and 28 days.

2.  He states he arrived in the RVN on 6 June 1969 and reenlisted on 27 September 1969.  He contends, in effect, that his DD Form 214 erroneously shows his reenlistment date as the time he entered the RVN.  

3.  He provides:

* reassignment orders
* promotion orders
* DD Form 214 for the period ending 26 September 1972

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army 2 October 1968.

3.  On 26 September 1969, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 issued to him at the time of his discharge contains the following information:

	a.  item 22c shows he served in the RVN for a period of 3 months and 18 days.

	b.  item 30 does not show the location and specific dates of the applicant's foreign service.

	c.  an entry in the top margin of the form shows he reenlisted at Cu Chi, South Vietnam on 27 September 1969.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 6 June 1969 through 24 November 1970.

5.  On 26 September 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to him at the time of his release contains the following information:

	a.  item 22c shows he served in the RVN for a period of 1 year, 1 month, and 28 days.

	b.  item 30 shows he served in the RVN from 27 September 1969 through 24 November 1972; a period of 1 year, 1 month, and 29 days.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 22c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC (U.S. Army Pacific)) in which the service was performed.

7.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam -- 6 Apr 70 through 28 May 71, Indochina - Yes, Korea - No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to properly show is foreign service in the RVN was carefully considered and determined to have partial merit.

2.  Evidence shows he served two terms of enlistment for which he was issued two distinctly separate DD Forms 214, for the periods 2 October 1968 through 26 September 1969 and 27 September 1969 through 26 September 1972, respectively.

3.  Evidence clearly shows he arrived in the RVN on 9 June 1969, reenlisted on 27 September 1969, and remained in the RVN through 24 November 1970.  Therefore, portions of his tour in the RVN were served in each of his terms of enlistment and he is entitled to have them properly shown on his DD Forms 214.

4.  Although the applicant's duration of foreign service in the RVN was properly annotated in item 22c of his DD Form 214 for the period ending 26 September 1969, item 30 does not show the location and specific dates of the applicant's foreign service.

5.  Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 9 June 1969 through 26 September 1969 to his DD Form 214 for the period ending 26 September 1969 at this time.

6.  His service in the RVN during his second enlistment is properly documented on his DD Form 214 for the period ending 26 September 1972; therefore, there is no need for correction of this form.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 for the period ending 26 September 1969 the entry "Vietnam 9 June 1969 - 26 September 1969, Indochina - Yes, Korea - No."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 for the period ending 26 September 1972 to reflect all of his foreign service in the RVN.



      __________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20120000768





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ABCMR Record of Proceedings (cont)                                         AR20120000768



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